RSB Posted April 30, 2007 Report Share Posted April 30, 2007 This is a question about...If a Visa credit card was opened in one state, and the debtor moves to another state.....and then no longer pays the credit card....which SOL applies. I know this question has been discussed before, however, in my research of WA SOL laws, I am finding conflicting information.No two people I have contacted say the same thing.So, if a JDB wanted to sue me for an old card in the state I last lived in, and not where I am now, can that be done? And how would I be notified? I do not have an address in the other state. Link to comment Share on other sites More sharing options...
thomassl Posted April 30, 2007 Report Share Posted April 30, 2007 The SOL applies to where you are currently living as they will need to sue you in the county in which you reside. In the case of a judgment you have in another state and move to a different state, a judgment creditor can go into a court in the other state and have the original judgment made into a judgment in the new state. This gives the judgment creditor the right to use all the judgment enforcement remedies available in that state. Link to comment Share on other sites More sharing options...
kevin3344 Posted April 30, 2007 Report Share Posted April 30, 2007 I'll try to answer as one who has actually changes states (NY to NC) and incurred debts in NY before leaving. Anyone must sue you where you live now, it's called "proper venue". However, if a CA has your old address, they might try to serve you so as to win by default. While the previous poster is right in that most states allow judgments from other states, what many don't know is they only allow them under certain circumstances. For example, in NC they don't allow judgments won by default, in other words where you didn't appear. You can look up what the "grounds for non-recognition of foreign judgments" would be in your particular state. Even then, though, you have to answer the summons and enter the grounds as to why it shouldn't be recognized. If you don't, they win by default in your current state.Now, if you're served by a CA in your current state (as it should be), you can use your current states SOL to your advantage. For example, in NY the SOL is 6, in NC it's 3. That is, if it's shorter! Link to comment Share on other sites More sharing options...
RSB Posted April 30, 2007 Author Report Share Posted April 30, 2007 Thanks for the replies.I was told, today, by a non profit legal advice organization clerk/represenative, that since I opened my Visa card accounts in another state, that state's SOL would apply.I live in another state different from the one I opened the accounts. The state I live in now has an SOL of 6 or 3 years.(no one knows for sure) The other state's SOL is 4 years.How can someone be sued in their resident state, using the SOL law from another state? Would all the credit and law suit laws, from the original state, apply, too?Can a person be sued in WA, under another state's laws? The other state has no garnishment laws. How can that be enforced in a state that allows garnishment?In three months my old visa accounts will be SOL in the original state. Link to comment Share on other sites More sharing options...
LadynRed Posted April 30, 2007 Report Share Posted April 30, 2007 Actually, per the FDCPA they can sue you where you entered into the contract, OR where you live now - either is legal. When you leave one state for another, the SOL in the first state is tolled (stopped) until you return to that state. Therefore you COULD be sued in the old state and the SOL will NOT have run out because the clock halted when you left. They can also sue you where you live NOW AND apply the SOL from the original state. I don't believe that's the norm at all, but it CAN be done. Link to comment Share on other sites More sharing options...
RSB Posted May 1, 2007 Author Report Share Posted May 1, 2007 When you leave one state for another, the SOL in the first state is tolled (stopped) until you return to that state. Therefore you COULD be sued in the old state and the SOL will NOT have run out because the clock halted when you left. What if you never return to the other state to live? Does this mean the original SOL never expires???? Link to comment Share on other sites More sharing options...
RSB Posted May 1, 2007 Author Report Share Posted May 1, 2007 They can also sue you where you live NOW AND apply the SOL from the original state. I don't believe that's the norm at all, but it CAN be done.Well, the original state where I opened the account, does not allow garnishment. So, how could garnishment be enforced in my current state of residence, using the original state's no garnishment laws? Link to comment Share on other sites More sharing options...
LadynRed Posted May 1, 2007 Report Share Posted May 1, 2007 The problem is, the state where you live NOW does allow garnishment and in order to enforce a foreign judgment it would have to be domesticated to your new state. Once they do that, the laws of your CURRENT state apply. What if you never return to the other state to live? Does this mean the original SOL never expires????Yep. Link to comment Share on other sites More sharing options...
kevin3344 Posted May 1, 2007 Report Share Posted May 1, 2007 Well, the original state where I opened the account, does not allow garnishment. So, how could garnishment be enforced in my current state of residence, using the original state's no garnishment laws?Keep in mind winning a judgment and getting a writ of garnishment are two different things.If you move to a state that doesn't allow garnishment, they can win/domesticate a judgment to your current state but they can't garnish.In your case, if you move to a state that allows garnishments, they must FIRST win a judgment in your current state, or, domesticate a judgment from a previous state. Either way, your current state laws apply regarding any garnishment. Link to comment Share on other sites More sharing options...
wolfhound Posted May 1, 2007 Report Share Posted May 1, 2007 The problem is, the state where you live NOW does allow garnishment and in order to enforce a foreign judgment it would have to be domesticated to your new state. Once they do that, the laws of your CURRENT state apply.Yep.So, what if you were still paying when you moved to a new state, and defaulted while in this new state, where you still live?And, as I asked in another thread, what if on the claim, the CA is invoking a Delaware choice of law provision that would allow him 20% of the balance as attorney fees? If they use Delaware law for these, do they also have to use Delaware law for the SOL? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted May 1, 2007 Report Share Posted May 1, 2007 wolf.. the NAF case you are dealing with is totally different which its why its easier for them to enforce the Delaware rulesit is very rare and I was told by one lawyer he has ONLY seen it in ARB cases where they sue you where you live and enforce those laws.. think about it.. if I open up a charge on a weekend in NY and burn it up at Macys but live in NC.. they are not likely to sue me in NY.. also it means the judge in my state would have to know all the the laws of all the states... YOUR case is A NAF situation.. not a law suit.. two different animals Link to comment Share on other sites More sharing options...
wolfhound Posted May 1, 2007 Report Share Posted May 1, 2007 I have a headache.... Link to comment Share on other sites More sharing options...
wolfhound Posted May 1, 2007 Report Share Posted May 1, 2007 But if they play by Delaware rules, don't they have to also play be Delaware SOL? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted May 1, 2007 Report Share Posted May 1, 2007 In your NAF case.. yes.. thats what they did with mine.. they wanted to use Delaware.. which is fine by me since both states NC and DE are both three year SOL.. but they wanted the delaware attorney fees...NAF is not the same as a lawsuit.. which is why they try to go by the Delaware rules...its not like they have to show up in court to get an award Link to comment Share on other sites More sharing options...
RSB Posted May 1, 2007 Author Report Share Posted May 1, 2007 What is NAF and how is it different?What is ARB? Link to comment Share on other sites More sharing options...
RSB Posted May 1, 2007 Author Report Share Posted May 1, 2007 In your case, if you move to a state that allows garnishments, they must FIRST win a judgment in your current state, or, domesticate a judgment from a previous state. Either way, your current state laws apply regarding any garnishment.Do all the JDB know about domesticating a debt? How would I be notified if they were attemping to domesticate the debt?The SOL won't expire until August 2007. I thought i was safe, alredy. Link to comment Share on other sites More sharing options...
wolfhound Posted May 1, 2007 Report Share Posted May 1, 2007 NAF= National Arbitration Forum, an allegedly corrupt catspaw of the collection agencies/credit card companies. Some credit card agreemments contain a clause which says you are bound to have them hear any claims instead of going to a court. Link to comment Share on other sites More sharing options...
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